You ask whether certain information is subject to required public disclosure under the Public
Information Act (the "act"), chapter 552 of the Government Code. Your request was
assigned ID# 134814.

The State Board of Examiners of Psychologists (the "board") received a request for
information related to the requestor's complaint against a licensee of the board. You seek
to withhold the responsive information under sections 552.101 and 552.107 of the
Government Code.

Section 552.101 requires withholding, inter alia, information made confidential by statute.
Section 501.205(a) of the Occupation Code provides, in relevant part, that "except as
provided by Subsection (b), a complaint and investigation concerning a license holder and
all information compiled by the board in connection with the complaint and investigation are
not subject to . . . disclosure under Chapter 552, Government Code." Subsection (b) of
section 501.205 provides in relevant part:

(b)A complaint or investigation subject to subsection (a) and all information
and materials compiled by the board in connection with the complaint may
be disclosed to:

. . . .

(2) a party to a disciplinary action against the license holder or that party's
designated representative[.]

Emphasis added.

In our opinion, it is clear that the information you submitted as responsive to the request is
protected from public disclosure by section 501.205(a). You ask several questions
concerning the application of subsection (b)(2).

First, you ask whether, given the use of the term "may" in subsection (b), the release of
complaint and investigation information to a "party to a disciplinary action" under subsection
(b)(2) is mandatory or permissive. In our opinion, the use of the term "may" in subsection
(b) indicates that release of complaint and investigation information under section (b)(2) is
permissive.(1) You also ask, if release under subsection (b) is permissive, "[w]ould the board's decision to release information on a limited, case-by case basis violate Section 552.223 [of the Public Information Act], which requires that all requests for information be treated
uniformly?" In our opinion, subsection (a) makes it clear that the kinds of records at issue
are not subject to public disclosure under the Public Information Act, chapter 552 of the
Government Code. Therefore, the provisions of section 552.223, for uniform treatment of
requests, are not applicable to a release of information under subsection (b) of section
501.205. Rather, access to this information is governed by the release provisions of section
501.205. Third, you ask whether a discretionary release of information under subsection
(b)(2) of section 501.205 "would result in the Board's waiver of the right to refuse disclosure
to subsequent requestors." We find no specific provision of law which would operate to
effect a waiver of the board's right to withhold information under the circumstances you
describe. We note that section 552.007(b) of the Public Information Act provides that, if a
governmental body voluntarily releases information to the public, such information "must
be made available to any person." But, again, it is our opinion that, per subsection (a) of
section 501.205, a release under subsection (b) is not subject to the public release provisions
of the Public Information Act.

We caution, however, that we cannot anticipate all fact situations which may arise vis a vis differential treatment of persons in the board's discretionary release of information under
subsection (b) of section 501.205. For example, there may be instances where unreasonable
discrimination among individuals in the release of information under subsection (b) could
be subject to judicial remedy. The board may wish to develop reasonable policies in this
regard in cooperation with the attorneys in the Office of the Attorney General who represent
it.

To summarize, section 501.205(a) prohibits public release of the requested information.
Subsection (b)(2) permits the board, at its discretion, either to withhold complaint and
investigation information from, or to release it to, an individual where the latter is a party to
the related disciplinary proceeding. Since we have concluded that the board may withhold
the requested information under section 501.205(a), we do not address your claim for
withholding under section 552.107 of the act.(2)

This letter ruling is limited to the particular records at issue in this request and limited to the
facts as presented to us; therefore, this ruling must not be relied upon as a previous
determination regarding any other records or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the
governmental body and of the requestor. For example, governmental bodies are prohibited
from asking the attorney general to reconsider this ruling. Gov't Code § 552.301(f). If the
governmental body wants to challenge this ruling, the governmental body must appeal by
filing suit in Travis County within 30 calendar days. Id. § 552.324(b). In order to get the full
benefit of such an appeal, the governmental body must file suit within 10 calendar days. Id.
§ 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the
governmental body does not comply with it, then both the requestor and the attorney general
have the right to file suit against the governmental body to enforce this ruling. Id.
§ 552.321(a).

If this ruling requires the governmental body to release all or part of the requested
information, the governmental body is responsible for taking the next step. Based on the
statute, the attorney general expects that, within 10 calendar days of this ruling, the
governmental body will do one of the following three things: 1) release the public records;
2) notify the requestor of the exact day, time, and place that copies of the records will be
provided or that the records can be inspected; or 3) notify the requestor of the governmental
body's intent to challenge this letter ruling in court. If the governmental body fails to do one
of these three things within 10 calendar days of this ruling, then the requestor should report
that failure to the attorney general's Open Government Hotline, toll free, at 877/673-6839.
The requestor may also file a complaint with the district or county attorney. Id.
§ 552.3215(e).

If this ruling requires or permits the governmental body to withhold all or some of the
requested information, the requestor can appeal that decision by suing the governmental
body. Id. § 552.321(a); Texas Department of Public Safety v. Gilbreath, 842 S.W.2d 408, 411 (Tex. App.--Austin 1992, no writ).

If the governmental body, the requestor, or any other person has questions or comments
about this ruling, they may contact our office. Although there is no statutory deadline for
contacting us, the attorney general prefers to receive any comments within 10 calendar days
of the date of this ruling.

1. Please note that, reading the provisions as a whole, we believe that release under some of the other provisions of subsection (b) is mandatory. For example, subsection (b)(3) provides for release of information to "a law enforcement agency if required by law."

2. We also need not, in view of our conclusion under section 501.205, address your claim that the request is "repetitive and redundant" under section 552.232 of the act.